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U.S. Court of Appeals for the Ninth Circuit

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Case Updates

Ninth Circuit upholds railroad’s right to lease land under right of way for pipeline use

February 06, 2018

Click here to view the opinion.

U.S. Chamber urges Ninth Circuit to uphold railroad rights of way

April 05, 2017

The U.S. Chamber filed an amicus brief in support of Union Pacific's appeal to the Ninth Circuit on whether it can grant subsurface easements on its rights-of-way for pipelines conveying oil, gas, and other petroleum products across the western United States. The brief urged the Ninth Circuit to reverse the district court’s decision in order to ensure the predictability of contractual and property rights involving railroad rights-of-way and to protect the multitude of benefits derived from infrastructure within the railroad rights-of-way.

Jeremy B. Rosen and Eric S. Boorstin of Horvitz & Levy LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Ninth Circuit grants Union Pacific's permission to appeal

October 18, 2016

U.S. Chamber urges Ninth Circuit to hear appeal of case disrupting railroad rights of way

August 15, 2016

The U.S. Chamber filed an amicus brief in support of Union Pacific's petition for permission to appeal to the Ninth Circuit on whether it can grant subsurface easements on its rights-of-way for pipelines conveying oil, gas, and other petroleum products across the western United States. The brief urged the Ninth Circuit to permit an immediate appeal because the district court's decision will disrupt the predictability of contractual and property rights involving railroad rights-of-way and to protect the multitude of benefits derived from infrastructure within the railroad rights-of-way.

Jeremy B. Rosen and Eric S. Boorstin of Horvitz & Levy LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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